Navigating the complexities of military and VA medical malpractice claims in Indiana can be daunting, but understanding the legal landscape is crucial for success. Indiana imposes a damage cap on medical malpractice claims, capping recoverable damages at $250,000 with potential additional compensation from the Indiana Patient's Compensation Fund. Timing is critical as claims must be filed within a two-year window under the Federal Tort Claims Act (FTCA), starting from when the injury was discovered or should have been discovered. Learn more about the [Federal Tort Claims Act](https://veteransmedicalmalpractice.net/veterans-medical-malpractice-ftca/) and how it impacts your rights to pursue claims against the VA. Ensure you are informed about the standard procedures and requirements by visiting the [Indiana Code: Medical Malpractice](https://iga.in.gov/legislative/2023/ss1001) for state-specific regulations. Empower yourself with the right information to take the necessary steps towards justice.
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The Archuleta Law Firm has a Doctor-Attorney and Nurse on staff to review your case for free. We have successfully handled thousands of VA cases under the Federal Tort Claims Act (FTCA) throughout the United States and abroad. Our team is well-versed in the intricacies of military medical malpractice, ensuring you get the best representation possible.
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We can handle cases that involve medical malpractice at:
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and all other VA and military medical facilities across the globe.
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Michael Archuleta, J.D., M.D., M.B.A. is a military and VA medical malpractice attorney and a medical doctor with more than 28 years of experience helping Military Families and Veterans receive compensation for injuries and wrongful death due to military and VA medical negligence. He has received some of the largest medical malpractice judgments and settlements in the history of the Federal Tort Claims Act (FTCA).
Veterans have served this country honorably and one of their benefits is VA medical care. When that VA medical care falls to the level of malpractice, I have a passion to help the injured veteran and their family.
When someone is injured or killed by malpractice at a VA facility, it doesn’t affect just them. It affects their entire family. Our law firm represents families in claims against the Department of Veterans Affairs when Department of Veterans Affairs was negligent and caused injury or death to their loved one.
– Dr. Michael Archuleta
In Indiana, medical malpractice claims, including those involving VA and military medical negligence, are subject to state-specific damage caps. The cap is generally set at $250,000 for damages, with an additional $250,000 possible from the Indiana Patient’s Compensation Fund if the total award exceeds this amount. However, since damage caps can change, it’s essential to consult with an attorney familiar with both state and federal laws to fully understand how these may affect your case. For more details, visit our page on VA medical malpractice.
The statute of limitations under the Federal Tort Claims Act (FTCA) for filing a medical malpractice claim is two years from the date the claimant discovers, or through reasonable diligence should have discovered, the existence and cause of the injury. This applies to Indiana claims as well. It’s crucial to act promptly and consult with a knowledgeable attorney to handle your claim within the proper timeframe. Learn more about the claims process on our page about FTCA form 95.
Yes, you can file a claim against the VA for medical malpractice in Indiana under the Federal Tort Claims Act (FTCA). The FTCA allows you to sue the federal government for negligence or wrongful actions by its employees, including VA medical staff. However, state damage caps and other local laws may apply to your claim. For detailed guidance, consider exploring the section on suing the VA on our website.
If you suspect medical malpractice while receiving VA care in Indiana, it is essential to take immediate action. First, document all relevant information and contact an experienced attorney who specializes in VA and military medical malpractice cases. You can get a free case evaluation from our firm to better understand your rights and the viability of your claim. Visit our Free Case Evaluation page for more information.
The Federal Tort Claims Act (FTCA) permits individuals to file claims against the U.S. government for injuries caused by its employees, including VA medical staff. In Indiana, as elsewhere, these claims must adhere to specific federal procedures and state laws, such as damage caps and statutes of limitations. For comprehensive information on the FTCA, visit our page on federal tort claims act settlements.
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